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Bill

SB 700

Relating to the authority of a property owners' association to regulate the assembly, association, and speech of property owners or residents.

89th Legislature (2025) Introduced by Lois Kolkhorst

SB 700 would prohibit Texas HOAs from restricting residents' rights to free speech, assembly, and association through bylaws and regulations.

Referred to State Affairs
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Bill Summary · SB 700

Legislative bill overview

SB 700 would limit the regulatory authority of property owners' associations (HOAs) regarding how residents assemble, associate, and speak within their communities. The bill appears designed to protect residents' constitutional rights to free speech and assembly from being restricted by HOA bylaws and regulations. This represents a significant intervention in the contractual relationship between HOAs and their members.

Why is this important

HOAs govern millions of Texans' living environments and can impose substantial fines for violations of their rules. Currently, many HOAs restrict resident gatherings, political signs, social media commentary, and other forms of expression through their governing documents. This bill would shift power away from HOAs toward individual residents, potentially affecting how these communities enforce rules and maintain order.

Potential points of contention

  • Property rights vs. individual rights: Property owners who created HOAs argue they have contractual rights to set community standards; residents argue unconstitutional speech restrictions shouldn't be enforceable regardless of signed covenants
  • HOA governance and enforcement: HOAs may struggle to maintain community standards, enforce aesthetic guidelines, or manage common spaces if restricted from regulating assembly and gatherings
  • Scope ambiguity: The bill's language around "speech" and "association" is undefined—it's unclear whether this protects all speech, only political speech, or excludes disruptive conduct
  • Existing contract enforcement: Questions remain about whether this applies retroactively to existing HOA agreements or only prospectively

Compiled from official sources — confirm details with the bill’s official record.

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